Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement, in the Definitions, upon any Insolvency Filing in respect of the Issuer, the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing).
Appears in 2 contracts
Samples: Registered Forward Transaction (Performance Food Group Co), Confirmation of Transaction (Healthpeak Properties, Inc.)
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement, in the 2000 Definitions or in the 2002 Definitions, upon any Insolvency Filing in respect of the Issuer, the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing).
Appears in 2 contracts
Samples: Registered Forward Transaction (Hcp, Inc.), At the Market Equity Offering Sales Agreement (Hcp, Inc.)
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement, Agreement or in the Definitions, upon any Insolvency Filing in respect of the Issuer, the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing). 4 To be confirmed/provided by Issuer prior to execution of a trade.
Appears in 1 contract
Samples: Registered Forward Transaction Confirmation (National Health Investors Inc)
